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Petitioners Beware: Improper Incorporation by Reference May Result in Truncated Petition

On February 16, 2016, the Patent Trial and Appeal Board (“the Board”) partially denied institution of inter partes review (“IPR”) of claims 1-26 of U.S. Patent No. 8,338,724, citing  petitioner’s improper use of incorporation...more

As Urged by PhRMA and BIO, Supreme Court Agrees to Review Claim Construction Standard Used in Patent Office Trials

Pharmaceutical companies have reason to be pleased with the Supreme Court’s recent decision to grant a petition for a writ of certiorari in Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for...more

Patent Trial and Appeal Board Denies Inter Partes Review of Patent Claiming the Deuterated Form of a Known Compound

In Neptune Generics, LLC v. Auspex Pharmaceuticals, Inc., IPR2015-01313, Paper No. 25 (PTAB Dec. 9, 2015) (“Neptune”), the Patent Trial and Appeal Board (“the Board”) issued an opinion denying institution of inter partes...more

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